|
|
Temporary release, transfer and other matters.
|
14.— (1) The clinical director of a designated centre may, with the consent of the Minister, direct the temporary release of a patient on such conditions and for such period or periods as the clinical director deems appropriate.
|
|
| |
(2) The clinical director of a designated centre may, with the consent of the Minister and the Minister for Health and Children, direct the transfer to another designated centre of a patient on such condition and for such period or periods as the clinical director deems appropriate with the consent of the clinical director of the other centre.
|
|
| |
(3) Where the release or transfer of a patient under subsection (1) or (2) is made subject to conditions, the conditions shall be communicated to the patient by notice in writing at the time of his or her release or transfer.
|
|
| |
(4) A patient whose temporary release or transfer is directed under this section shall comply with any conditions to which his or her release or transfer is made subject.
|
|
| |
(5) A patient who, by reason of having been temporarily released from a designated centre, is at large shall be deemed to be unlawfully at large if—
|
|
| |
(a) the period for which he or she was temporarily released has expired, or
|
|
| |
(b) a condition to which his or her release was made subject has been broken.
|
|
| |
(6) Where, by reason of the breach of a condition to which his or her release was made subject, a patient is deemed to be unlawfully at large and is arrested under subsection (7) or otherwise or returns voluntarily, the period for which he or she was temporarily released shall thereupon be deemed to have expired.
|
|
| |
(7) Without prejudice to any other power conferred by law, a member of the Garda Síochána shall, or an officer or servant of the designated centre may, arrest without warrant any person whom he or she suspects to be unlawfully at large while subject to an order for his or her detention in a designated centre under this Act and bring him or her back to such centre.
|
|
| |
(8) (a) A patient may be removed from a designated centre to a hospital in order to receive medical attention not available in the designated centre and while detained in that hospital he or she shall be in lawful custody.
|
|
| |
(b) Where a patient is removed from a designated centre pursuant to this subsection the clinical director shall within 48 hours of such removal forward a report of the circumstances regarding the removal to the Minister.
|
|
| |
(9) The Minister may, where he or she is satisfied that it is in the interests of justice to do so, direct that a patient be removed from a designated centre to a specified place and during such authorised absence the patient shall be deemed to remain in the lawful custody of the designated centre.
|
